oc fair & event center standard agreements for board approval october … · 2018-10-19 ·...
TRANSCRIPT
CONTRACT # CONTRACTOR DESCRIPTION EFFORT TYPE TERM RECEIPT AMOUNT NOT TO EXCEED EXPENSE AMOUNT
SA-027-18CF CA Rabbit and Cavy Shows, Inc. Rabbit show at Centennial Farm Year round 2/24/18-2/24/18 $0.00
SA-117-18FT Chef Ray Presents Create fruit and vegetable scuptures Fair Time 7/12/18-8/13/18 $13,000.00
SA-150-18SP Nova Academy Early College H.S Sponsorship Fair Time 7/13/18-8/12/18 $4,200.00
SA-162-18YR Sensis Advertising (Media Buy) Year round 7/1/18-6/30/20 $3,400,000.00
SA-212-18SP LA Chargers Sponsorship (Trade) Year round 4/1/18-3/31/18 $35,000.00 $35,000.00
SA-281-18YR Tandem Sales services Year round 12/1/18-11/30/20 Commission
Amendments
CONTRACT # CONTRACTOR DESCRIPTION EFFORT TYPE TERM CHANGE IN RECEIPT AMOUNT
CHANGE IN NOT TO EXCEED EXPENSE
SA-56-14RD A#3 CR&R Incorporated Refuse disposal, exericise third option year Year round 8/15/18-8/14/19 $192,610.00
SA-005-15ET A#4 A1 Event & Party Rental Additional tent rental Fair Time 02/01/15-01/31/19 $27,277.38
SA-263-15SM A#2 Sound Media Fusion Acoustic design, audio testing, sound mitigation and monitoring consulting services, exercise second option Fair Time 11/1/2015-10/30/19 $158,150.00
SA-087-16FT A#3 William Scotman Add baby changing station to trailers Fair Time 4/1/16-3/31/19 $24,000.00
SA-091-16FT A#1 Statewide Seating and Grandstand Additional bleacher rental Fair Time 4/1/16-3/31/19 $2,400.00
SA-193-16FT A#2 Mobile Modular Portable Storage Mobile modular unit rental, exericse first option year Fair Time 6/17/16-8/31/19 $25,127.20
SA-059-17FT A#3 Sunbelt Rental, Inc. Heavy equipment rental, exercise first option year Fair Time 6/1/17-8/31/19 $88,325.68
SA-065-17FT A#2 Brook Furniture Rental, Inc. Courtyard furniture rental, exercise first option year Fair Time 6/1/17-8/31/19 $6,142.36
SA-075-17FT A#2 Print & Design Solutions Sell merchandise at Pac Amp., exercise first option year Fair Time 7/1/17-8/30/19 $40,000.00
SA-076-17FT A#2 Brook Furniture Rental, Inc. Office furniture rental, exercise first option year Fair Time 6/15/17-8/31/19 $7,656.97
SA-077-17FT A#1 Royal Restrooms of Califorinia, Inc. Rent one (1) 8-stall shower trailer unit and one (1) single-stall ADA compliant shower trailer, exercise first option Fair Time 6/15/17-8/30/19 22,885.25
SA-078-17FT A#1 Royal Restrooms of Califorinia, Inc. Rent one restroom trailer rental Business Development, exercise first option year Fair Time 6/15/17-8/31/19 $14,189.21
SA-079-17FT A#1 Modular Space Corporation Rent five (5) office trailers, exericse first option year Fair Time 6/15/17-8/31/19 20,212.67
SA-080-17FT A#1 Quinn Power Systems Emergency generator rental, exercise first option year Fair Time 6/1/17-8/31/19 $67,951.00
SA-081-17FT A#1 United Rentals (North America) Inc. Light tower rental, exercise first option year Fair Time 7/1/18-8/31/19 $19,064.92
OC FAIR & EVENT CENTERSTANDARD AGREEMENTS FOR BOARD APPROVAL
OCTOBER 2018
Page 1 of 2
CONTRACT # CONTRACTOR DESCRIPTION EFFORT TYPE TERM RECEIPT AMOUNT NOT TO EXCEED EXPENSE AMOUNT
OC FAIR & EVENT CENTERSTANDARD AGREEMENTS FOR BOARD APPROVAL
OCTOBER 2018
SA-082-17FT A #2 Universal Waste Systems Portable toilets rental, exercise first option year Fair Time 6/15/17-8/31/19 $31,923.00
SA-083-17FT A #2 Hi-Way Saftey Rentals, Inc. Message board rental, exercise first option year Fair Time 7/1/17-8/31/19 $12,375.00
SA-084-17FT A#1 Josh Barnett Production Twinkle lights rental, exercise first option year Fair Time 6/1/17-8/31/19 $21,726.60
Interagency Agreements
CONTRACT # CONTRACTOR DESCRIPTION EFFORT TYPE TERM CHANGE IN RECEIPT AMOUNT
CHANGE IN NOT TO EXCEED EXPENSE
Letters of Understanding
LOU # DEMONSTRATOR DESCRIPTION EFFORT TYPE TERM RECEIPT AMOUNT NOT TO EXCEED EXPENSE AMOUNT
Page 2 of 2
SA-162-18-YR SENSIS, INC. PAGE 2 of 24
EXHIBIT A – SCOPE OF WORK
CONTRACT REPRESENTATIVES 32
ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER
Michele Richards, VP Bus. Development 714-708-1716
Sensis, Inc.
Jose Villa, President [email protected] ,Tel 213-341-0171
1. The District’s Request For Proposal (RFP) Advertising Services released February 26, 2018, is on file in the Office of the 32nd District Agricultural Association, and is incorporated herein by reference and made a part of this agreement.
2. The Contractor proposal for Advertising Services dated March, 22, 2018, is on file in the Office of the 32nd
District Agricultural Association, and is incorporated herein by reference and made part of this agreement.
3. The District reserves the right to terminate any contract without cause at any time by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
4. Scope of Work:
Contractor must:
Be willing to work collaboratively with the District’s in-house Creative Services Department as requested, as well
as Marketing, Sales, Entertainment, and Communications.
Ensure that key account team members are available immediately prior to and during the OC Fair each year of
the contract.
Assign a key account team to a two-year commitment supporting the OC Fair. In the event there is a change in
the key account team, Contractor will compensate District based on a flat fee of $5,000.
Not bill the District for phone calls unless such calls are considered consultation as part of the project and
mutually agreed upon by both parties.
Strategic Planning, Research & Consultation The District’s Marketing, Communications, Sales, Entertainment and Creative Services Departments will work collaboratively with the winning bidder to assess District’s overall assets and develop a strategic plan to include marketing, advertising, collateral and social media.
Overall assessment of District assets
Full market research with recommendations on key opportunities for growth
Strategy for reaching emerging markets and new customer base
Review of District’s strategic integrated property marketing, sales and social media plans and develop
recommendations for:
o Year-round venue rental program
SA-162-18-YR SENSIS, INC. PAGE 3 of 24
o Educational assets and community programs including Heroes Hall, Centennial Farm and Table of
Dignity agricultural workers memorial, and Hatch Culinary Lab
o Annual OC Fair event
o Annual Imaginology event
o Annual Veterans Celebration at Heroes Hall
o Sponsorship asset collateral materials
Creative Development
Working in collaboration with District’s in-house Creative Services, Marketing, Sales, Entertainment and Communications Departments, winning bidder will help develop creative direction for the District’s revenue-generating assets and educational/community outreach programs. Winning bidder will work with District’s team to:
Develop the OC Fair theme for 2020 - 2023
Establish creative direction for collateral, print, social media and digital to support:
o Venue rentals program
o Heroes Hall
o Centennial Farm and Table of Dignity agricultural workers memorial
o Annual OC Fair
o Veterans Day Celebration
o Pacific Amphitheatre summer concert series
Audit all existing printed collateral materials, and recommend next level modifications
Develop copywriting and Spanish translation for in-market campaigns
Create and produce the OC Fair television commercial
o Creative presentation, TV rough-cut edits, script development, production briefing, pre-production
meeting, review of all specs, preparation and presentation of casting specs, review and selection of
casting, TV video editorial and edits, TV audio record and edit session, mix, TV edits per agency and
client inputs, presentation to District, and final client approval, version, formats and delivery
o Production of English TV, Spanish TV and English/Spanish Pre-roll
o District has budgeted $100,000 for TV production costs each year. Agency is required to request three
bids for TV and District reserves the right to approve the production contractor chosen for TV. Agency is
responsible for paying production costs upfront and then invoicing District for payment. District will not
pay advance deposits for production costs.
o District will attend TV production.
Create and produce OC Fair radio commercial
o Creative presentation, script development, production briefing, pre-production meeting, review of all
specs, preparation and presentation of casting specs, review and selection of casting, radio recording
and edit session
SA-162-18-YR SENSIS, INC. PAGE 4 of 24
o Production of English and Spanish radio scripts
o Districted has budgeted $20,000 for Radio production costs each year. Agency is required to request
three bids for Radio Production. The District reserves the right to approve the production contractor
chosen for Radio production. Agency is responsible for paying production costs upfront and then
invoicing District for payment. District will not advance deposits for production costs. The District will
attend Radio production shoots.
Media Planning & Buying Services
Contractor will be responsible for General Market and multicultural media planning and buying services for print,
TV/cable, radio, out-of-home and digital for:
Year-round venue rentals
Annual OC Fair
Imaginology
Veterans Day Celebration
Community/Educational Programs including Centennial Farm and Heroes Hall’s rotating exhibitions
Pacific Amphitheatre summer concert series (requires approximately 2.5 hours of media buying effort per
show)
Contractor will work with the Pacific Amphitheatre team to maximize media placement schedule and social media
activity.
These services are active year-round with the heaviest planning and buying period for the OC Fair. Contractor
should plan on multiple media plan revisions and a very active media team particularly during fairtime. The
District reserves the right to subcontract media buying services. Media buying services must include:
Research on industry trends
Market research updates every 6 months
Media analysis
Flat fee (do not submit commission percentages)
Weekly client meetings during critical media buying period
Monitoring of media placements through media schedule and securing of necessary make-goods
Negotiation of added value opportunities
Media billing & invoice reconciliation
Detailed media recap
SA-162-18-YR SENSIS, INC. PAGE 5 of 24
General Account Management
Working in collaboration with District’s Marketing, Communications, Entertainment, and Creative Services Departments, winning bidder will provide daily account management services in support of ongoing District projects. Account management services are active year-round. These fees will be billed as a monthly retainer and must include the following:
General servicing of account as requested by District
Providing estimates, purchase orders, media billing and invoicing
Meeting agendas, status and conference reports
Drafting/presenting creative briefs and work orders
Confirmation of promotional calendar and offers
Securing ISCI codes/designations
Pre-preparation of traffic instructions/rotation for broadcast and print
Traffic and/or uploads for broadcast and print
Review of proof of performance
Coordination of added value and media promotion opportunities
Special event planning & execution
Attending the annual OC Fair on multiple days, attending the annual Imaginology event and attending mutually
agreed upon year-round events for fact-finding and gathering property knowledge
Participation by the key account team in a detailed post-fair debrief each year followed by a strategic planning
session to explore market trends, opportunities, and budget needs.
Participation by the key account team in quarterly meetings with District senior leadership team to include review
of performance analytics, project timelines and overall Scope of Work deliverables.
Promotions & Special Projects
Creative development and execution of promotion(s) to support and market the annual OC Fair
Securing promotional partners
Providing ambassador street teams for in-market promotions
Facilitation of special projects such as specific market research and focus groups
Reviewing digital and web site analytics and making recommendations
Development of promotional videos used at the gates during the annual OC Fair
SA-162-18-YR SENSIS, INC. PAGE 6 of 24
Invoices For Ad Media outlets
Contractor will administer all payment for all categories including ad billing from media outlets. The District will reimburse the Contractor after proof of advertisement and invoices are received.
Contractor Proposed Monthly Flat Rate as followed:
CREATIVE CONCEPT DEVELOPMENT AND PRODUCTION (TELEVISION AND RADIO COMMERCIAL
YEAR
2018 (7/1/18-6/30/19)
2019 (7/1/19-6/30/20)
2020 (7/1/20-6/30/21)
2021 (7/1/21-6/30/22)
2022 (7/1/22-9/30/22)
THE DISTRICT TO PAY WINNING BIDDER FIXED FLAT FEES
$120,000
$123,600
$127,300
$133,600
$34,425
MEDIA PLANNING & BUYING SERVICES
YEAR
2018 (7/1/18-6/30/19)
2019 (7/1/19-6/30/20)
2020 (7/1/20-6/30/21)
2021 (7/1/21-6/30/22)
2022 (7/1/22-9/30/22)
FLAT FEE PER
MONTH X 12
MONTHS =
(The District does
not pay commission)
$ 82,000
$84,000
$ 90,000
$ 93,000
$ 23,750
GENERAL ACCOUNT MANAGEMENT
YEAR
2018 (7/1/18-6/30/19)
2019 (7/1/19-6/30/20)
2020 (7/1/20-6/30/21)
2021 (7/1/21-6/30/22)
2022 (7/1/22-9/30/22)
FLAT FEE PER
MONTH X 12
MONTHS =
$ 60,000
$ 62,000
$64,000
$65,000
$16,750
SA-162-18-YR SENSIS, INC. PAGE 7 of 24
Contractor Hourly Rate Hourly rate projects to be paid according to proposed rates below.
SA-162-18-YR SENSIS, INC. PAGE 8 of 24
SA-162-18-YR SENSIS, INC. PAGE 9 of 24
SA-162-18-YR SENSIS, INC. PAGE 10 of 24
SA-162-18-YR SENSIS, INC. PAGE 11 of 24
EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: See Exhibit A PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper itemized invoice. Invoices shall be submitted at the conclusion of each month in which services were rendered. Invoices must include Acct. code as referenced below. All invoices are to be itemized and contain the District’s Purchase Order number48709. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center Attn: Accounts Payable
88 Fair Drive Costa Mesa, CA 92626
TOTAL FLAT RATE
2018 2019 2020 2021 2022 Acct. Code
Creative Concept Development and Production (TV and Radio Commercial)
$120,000
$123,600
$127,300
$133,600
$34,425
Media Planning & Buying Services
$82,000 $84,000 $90,000 $93,000 $23,750
General Acct Management
$60,000 $62,000 $64,000 $65,000 $16,750
Total Per Year
$262,000
$269,600
$281,300
$291,600
$74,925
Total Payment Per Month
$21,833.33
22,466.67
$23,441.67
$24,300
$24,975
Total Five Years
$1,179,425
HOURLY RATE - ESTIMATED TOTAL PER PEAR
2018
2019 2020 2021 2022 Acct. Code
Strategic Planning, Research & Consultation
$65,190
$65,190
$65,910
$65,910
$16,657
Creative Development
$70,380
$70,380
$71,280
$71,280
$18,047
Promotion and Special Projects
$55,600
$55,600
$56,500
$56,500
$14,350
Yearly Total
$191,170
$191,170
$193,690
$193,690
$49,054
Total Five Years
$818,774
Total Five Years All Categories $1,998,200
SA-162-18-YR SENSIS, INC. PAGE 12 of 24
Procedure for hourly rate: When services fall within an hourly rate category, the District Representative will notify the Contractor of its objective goal. The Contractor will then submit the estimated number of staff and hours required. The District Representative will review and give pre-approval before service can be provided. Invoice must contain detailed classifications used and charged rates. Charge rates should be in accordance as proposed, see below.
-End Exhibit B-
SA-162-18-YR SENSIS, INC. PAGE 13 of 24
EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 04/2017
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Contractor may not commence performance until such approval has
been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing,
signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the
Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State
Audits, or their designated representative shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related
to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section
1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of
this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should
the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In
the event of such termination the State may proceed with the work in any manner deemed proper by the State. All
costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any,
shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance
of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum,
if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in
products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply
with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the
cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
SA-162-18-YR SENSIS, INC. PAGE 14 of 24
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor
shall they discriminate unlawfully against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of
such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et
seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than
24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document
CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all
of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the
State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods
are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government
Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or
any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action
pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government
Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will
assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services
by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become
effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary
recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for
SA-162-18-YR SENSIS, INC. PAGE 15 of 24
actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause
of action assigned under this part if the assignor has been or may have been injured by the violation of law for which
the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court
action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor
acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all
applicable state and federal laws relating to child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the California
Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to
be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall
not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the
Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified
recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within such other time period as may be specified
elsewhere in this Contract) report to the awarding department the actual percentage of small business participation
that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE)
participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1)
the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE
participation that was achieved. A person or entity that knowingly provides false information shall be subject to a
civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is
incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product
as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-162-18-YR SENSIS, INC. PAGE 16 of 24
EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind
the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of
California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination
program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public
entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-
Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use
of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
SA-162-18-YR SENSIS, INC. PAGE 17 of 24
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the Contractor has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1)
final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the
immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court,
which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code
§10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby
certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code,
effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services
during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s
offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a
full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be
taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or
subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and
is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories,
or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract,
declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by
sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set
forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract
Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents,
agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in
compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance
with Public Contract Code section 10295.35.
SA-162-18-YR SENSIS, INC. PAGE 18 of 24
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or
former state employees. If Contractor has any questions on the status of any person rendering services or involved
with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state agency,
unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may
enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or
any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee
may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within the 12-month period prior to his or her
leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement
void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require
every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
SA-162-18-YR SENSIS, INC. PAGE 19 of 24
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that
the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state
are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of
financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a
corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in
order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing
by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation
of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution
control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be
in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another
state agency or other governmental entity.
-End Exhibit D-
SA-162-18-YR SENSIS, INC. PAGE 20 of 24
EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate:
The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured:
"That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability
Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation
Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice
Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability
Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
SA-162-18-YR SENSIS, INC. PAGE 21 of 24
EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
4. Cancellation Notice:
Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32
nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA
92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured:
The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with
California Fair Services Authority (CFSA).
OR
D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
SA-162-18-YR SENSIS, INC. PAGE 22 of 24
EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
B. Primary Coverage:
The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility:
Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
D. Certified Copies of Policies:
Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit E-
SA-162-18-YR SENSIS, INC. PAGE 23 of 24
EXHIBIT F – MEGAN’S LAW SCREENING & CERTIFICATION
OC Fair & Event Center Megan’s Law Screening Certification and Listing
This form must be completed legibly, with all information requested. Typewritten or computer-generated forms or reports may be substituted provided that: all required information is included in columnar form, and the listing report is attached to this form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name:_____________________________________________________________________ Contact Name:_________________________________ Contact Telephone :_____________________________ Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer Other/Explanation if Needed:_____________________________________________________________________
The undersigned represents and warrants that attached to this Megan’s Law Screening Certification and Listing is a full, true, correct, complete, and accurate listing of all persons scheduled to work or volunteer for the company/organization identified above (“Contractor”) during the annual OC Fair or Youth Expo. If any other or additional individuals will be performing work, labor, or services, I understand that my company/organization is required to submit a supplemental listing(s) identifying those individuals. The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises. To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification and Listing, regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents). The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification and Listing on behalf of Contractor. _______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative ________________________________________ ____________________________
Printed Name Date
***OC Fair Staff & Event Center – Please submit completed forms to the Human Resources Department***
SA-162-18-YR SENSIS, INC. PAGE 24 of 24
Megan’s Law Screening Listing
Please duplicate this listing sheet if additional space is required
***OC Fair & Event Center Staff – Please submit completed forms to the Human Resources Department***
Full Name (Last, First Middle)
Full Name (Last, First Middle)
STATE OF CALIFORNIA
SPONSORSHIP AGREEMENT R_____ A_____ F_____
(Rev 10/16)
AGREEMENT NUMBER
SA-212-18SP A-
1. This Agreement is entered into between the State Agency and the Sponsor/Contractor named below:
STATE AGENCY'S NAME
32nd
District Agricultural Association / Division of Fairs & Expositions/O.C Fair & Event Center
SPONSOR/CONTRACTOR'S NAME
LOS ANGELES CHARGERS
2. The term of this Agreement is: April 1, 2018 –March 31, 2019
3. The amount of this Sponsorship Agreement is: $35,000 (TRADE)
Payment Terms:
ONE TIME PAYMENT (Lump sum) MONTHLY QUARTERLY ITEMIZED INVOICE
OTHER Payable to: “LA Chargers”
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the
Agreement. *Additional Pages Attached
Exhibit A – Sponsorship Agreement Provisions
Exhibit B – Sponsorship Agreement Terms and Conditions
Exhibit C – Insurance Requirements
Exhibit D – Rules and Regulations Governing Rental Space - Note: Section B Referenced Handbook (Page 18 states
“Sponsor/Contractor” is “you are required to pay all requisite deposits, fees and taxes, including possessory interest tax, which may be levied
by the County of Orange.”
*GTC(4/2017) – If not attached, view at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
SPONSOR/CONTRACTOR California State Use Only
SPONSOR/CONTRACTOR’S NAME
LOS ANGELES CHARGERS BY (Authorized Signature)
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Steve Pankowski ADDRESS Exempt: Sponsorship 3333 Susan St., Costa Mesa, CA 92626
STATE OF CALIFORNIA
AGENCY NAME
32nd
District Agricultural Association/Division of Fairs & Expositions BY (Authorized Signature)
DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
Michele Richards, V.P, Business Development I hereby certify upon my own personal knowledge that
budgeted funds are available for the period and
purpose of the expenditure stated above.
SIGNATURE OF STATE ACCOUNTING OFFICER
Date
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
CONTRACTS MANAGER Michele Richards, VP, Business Development
SA-125-18SP Los Angeles Chargers PAGE 2 of 10
EXHIBIT A – SPONSORSHIP AGREEMENT PROVISIONS
Contract Representatives: 32
ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER
Michele Richards, Vice President, Business Development (714) 708-1716 Los Angeles Chargers Steve Pankowski (818) 800-1610, email: [email protected]
CONTRACTOR AGREES:
1. To be a sponsor of Heroes Hall at the 2018 OC Fair FROM July 13-August 12, 2018. 2. To provide payment in the sum of THIRTY FIVE THOUSAND DOLLARS ($35,000) as a sponsorship fee.
Sponsor recognizes that District will also provide the same payment to Sponsor for the trade components of this agreement outlined in the “District agrees” section. Payment in full must be received upon signing of this agreement.
a. Payments shall be remitted to the following address: OC Fair & Event Center
Attn: Accounts Receivable 88 Fair Drive
Costa Mesa, CA 92626 3. To gain pre-approval from the District for use of OC Fair and Heroes Hall marks and logos and that all
display elements, materials and concepts provided by Sponsor require the approval of the District prior to implementation.
4. To provide high-resolution Sponsor logo for inclusion in advertising and signage as outlined herein. 5. That mobile tours and other exhibitors may be near the designated spaces. 6. To provide the following media assets:
a. One (1) ad to be included in the Los Angeles Chargers Training Camp Information E-Newsletter that is distributed to the Los Angeles Charger email database
b. One (1) Facebook post for Costa Mesa Day on July 20 highlighting the Charger Players and Charger Girls at the OC Fair with links to the OC Fair ticket purchase page
c. One (1) Twitter tweet for Costa Mesa Day on July 20 highlighting the Charger Players and Charger Girls at the OC Fair with links to the OC Fair ticket purchase page
d. One (1) Instagram Story for Costa Mesa Day on July 20 highlighting the Charger Players and Charger Girls at the OC Fair with links to the OC Fair ticket purchase page
e. One (1) rotating ad on Chargers.com during July 1, 2018 through August 12, 2018 linking OC Fair with links to the OC Fair ticket purchase page
f. One (1) rotating ad on the Chargers Mobile App during July 2, 2018 through August 12, 2018 linking OC Fair with links to the OC Fair ticket purchase page
7. To provide one (1) static sign to be displayed for the entire duration of the Los Angeles Chargers Training Camp.
8. To provide one (1) 10’x10’ activation display for one (1) mutually agreed upon Chargers Training Camp practice
a. Los Angeles Chargers to provide best efforts to have promotional PA announcements regarding activation space during the practice
9. To provide six (6) invitations to one (1) mutually agreed upon Chargers Training Camp practice 10. To provide two (2) invitations to one (1) mutually agreed upon Chargers Business Alliance event
SA-125-18SP Los Angeles Chargers PAGE 3 of 10
DISTRICT AGREES:
1. To provide Sponsor access to parking spaces at OC Fair & Events Center for use by Los Angeles Chargers guests attending scheduled team practices during the duration of Chargers Training Camp.
a. Chargers guests will pay the same $10 per vehicle parking fee as OC Fair guests b. Parking lots will open at 8:00 a.m. to accommodate Los Angeles Chargers’ guests when practice
starts at 10:00 a.m. c. Beginning at the end of July, the Los Angeles Chargers will host a minimum of seventeen (17)
Training Camp practices (Dates TBD) 2. To be responsible for staffing of parking lot during the duration of the Los Angeles Chargers Training Camp
on specific dates (Dates TBD)
- End Exhibit A -
SA-125-18SP Los Angeles Chargers PAGE 4 of 10
EXHIBIT B - SPONSORSHIP AGREEMENT TERMS AND CONDITIONS
A. Title of Event. The Event shall be known as the “OC Fair” and Sponsor agrees that it shall refer to the Event in all advertising and promotional materials by the Event’s full name.
B. Participants’ Names. Sponsor acknowledges that State does not have the right to use the names, signatures,
photographs or likenesses of any performer who may appear at the Event or on Sponsor’s Stage in connection with a commercial product or service, and the individual performer must approve all such uses by Sponsor. State does have the right to approve on behalf of individual performers the use of their names, photographs or likenesses in advertising which primarily promotes the Event and the Stage and mentions Sponsor’s involvement as a Sponsor, and Sponsor will submit any such advertising to State for prior approval as provided in Paragraph M.
C. Right to Remove Name. Sponsor shall have the right, at any time and for any reason, to request in writing the State
remove its name from any and/or all signage and other materials associated with the Event. State shall use its best efforts to comply with said request, but if State will incur any additional expenses in connection with such compliance, it will notify Sponsor in writing and obtain Sponsor’s prior written approval. Sponsor will reimburse State for all such approved expenses. State shall notify Sponsor if time does not reasonably permit compliance with Sponsor’s request. Nothing herein shall relieve Sponsor of its obligations under the body of this Agreement.
D. Delivery and Service. At Sponsor’s expense, Sponsor shall deliver the Products to, and store such Products at,
State’s location. Sponsor agrees to provide service personnel on an “on call” basis to assist in the delivery, installation, repair, maintenance and removal of the Products, in a number mutually agreed upon between the parties. All of Sponsor’s personnel shall be subject to State’s security and personnel policies and practices.
E. Sponsor Insurance. During the Term of this Agreement, Sponsor agrees to carry worker’s compensation and
employer’s liability insurance, in such amounts as may be required by law, for any personnel Sponsor may utilize for the delivery, installation, maintenance, repair and removal of the Product.
F. Risk of Loss. State represents and warrants that to the extent storage of the Products is under the control and/or
supervision of State, State will assume all risk of loss and will further store the Products safely and securely in a manner which will not cause the Products to become defective or not merchantable or fit for their intended purpose.
G. Sponsor’s Trademarks. Sponsor’s trademarks, label designs, product identifications, artwork and other symbols and
devices associated with Sponsor’s Products (“Sponsor’s Trademarks”) are and shall remain Sponsor’s property, and Sponsor shall take all steps reasonably necessary to protect such Sponsor’s Trademarks through U.S. federal registrations and foreign registrations as it deems desirable and through reasonable prosecution of infringements.
H. Sponsor’s Authorization of State. State is hereby authorized to use Sponsor’s Trademarks in advertising and
promoting the Event during the Term of this Agreement, provided Sponsor shall have the right to approve all such uses in writing in advance.
I. State’s Submission for Approval. State shall submit all materials to Sponsor in writing and if Sponsor does not
approve or reject such materials in writing within 10 – 14 business days after receipt thereof, then Sponsor shall be deemed to have approved such materials.
J. Uses for Benefit of Sponsor. The right to use Sponsor’s Trademarks is non-exclusive, non-assignable and
nontransferable. All uses by State of Sponsor’s Trademarks shall inure solely to the benefit of Sponsor.
K. State’s Trademarks. State’s trademarks, designs, artwork and other symbols and devices associated with the Event (“State’s Trademarks”) are and shall remain State’s property and State shall take all steps reasonably necessary to protect State’s Trademarks through U.S. federal registrations and foreign registrations as it deems desirable and through reasonable prosecutions of infringements.
L. State’s Authorization of Sponsor. Sponsor is hereby authorized to use State’s Trademarks in advertising and
promoting Sponsor’s Products until 15 days after the Event takes place, provided State shall have the right to approve all such uses in writing in advance.
SA-125-18SP Los Angeles Chargers PAGE 5 of 10
EXHIBIT B - SPONSORSHIP AGREEMENT TERMS AND CONDITIONS (CONT.)
M. Sponsor’s Submission for Approval. Sponsor shall submit materials to State in writing and if State does not
approve or reject such materials in writing within 10 – 14 business days after receipt thereof, then State shall be deemed to have approved such materials.
N. Benefit of State. The right to use State’s Trademarks is non-exclusive, non-assignable and nontransferable. All uses
by Sponsor of State’s Trademarks shall inure solely to the benefit of State.
O. Merchandise. State shall not manufacture or sell, or license the manufacture and/or sale, of any promotional or other merchandise which bears Sponsor’s Trademarks without Sponsor’s prior written consent. Sponsor shall have the right to manufacture and/or sell promotional or other merchandise which bears State’s Trademarks.
P. Ambush Prevention-State’s Action. State agrees to take all reasonable measures to prevent the unauthorized use
of State’s Trademarks (and facsimiles thereof) and to prevent the dilution of the value of Sponsor’s rights hereunder by using its best efforts to exclude competing signage, competitive product sales and competitive product sampling from the Venue and the area surrounding the Venue, and to prosecute specific instances of trademark and copyright infringement, trademark and trade dress dilution, unfair competition and/or consumer deception whenever it is, in the opinion of State’s counsel, reasonable to do so. State shall bear all costs of such prosecution and shall retain the proceeds thereof, if any. Sponsor shall cooperate with State in any such litigation.
Q. Owner Warranties. State represents and warrants that:
1. it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its
terms without violating the rights of any other person; 2. State’s Trademarks do not infringe the trademarks or trade names or other rights of any other person;
3. it has all government licenses, permits or other authorizations necessary to conduct the Event as
contemplated under this Agreement; and
4. it will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event.
R. Sponsor Warranties. Sponsor represents and warrants that:
1. it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its
terms without violating the rights of any other person;
2. Sponsor’s Trademarks do not infringe the trademarks or trade names of any other person;
3. it has all government licenses, permits or other authorizations necessary to conduct its business; and
4. all Products furnished by Sponsor shall be of high quality and shall be free from product defects and shall be merchantable and suited for their intended purpose.
S. Effect of Cancellation on Sponsor. In the event that the Event does not take place, in whole or in part, due to any
Act of God or force majeure, including, without limitation, weather, fire, flood, strike, labor dispute, civil commotion, riot or threat of violence of similar cause beyond the control of the parties, then Sponsor shall be entitled to an immediate refund of the Sponsorship Fee (or a pro rata portion thereof if the Event took place only in part) less any expenses incurred on behalf of the Sponsor and an immediate refund of the value (as measured by Sponsor’s cost) of all Products contributed by Sponsor (or a pro rata portion of the value of the Products used in the Event if the Event took place only in part). State will provide adequate revenue protection insurance to cover its obligations hereunder.
T. No Joint Venture of Partnership. This agreement shall not be deemed to create a joint venture, partnership,
principal-agent, employer-employee or similar relationship between State and Sponsor.
SA-125-18SP Los Angeles Chargers PAGE 6 of 10
EXHIBIT B - SPONSORSHIP AGREEMENT TERMS AND CONDITIONS (CONT.)
U. Invalidity. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate the
Agreement, all of said provisions being inserted conditionally on their being considered legally valid, and this Agreement shall be construed and performed in all respects as if such invalid or unenforceable provision(s) were omitted.
V. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to
have been duly given when delivered or sent by prepaid certified or registered mail:
If to State, to: 88 Fair Drive, Costa Mesa, CA 92626 or such other address as either party may designate in writing to the other party for this purpose.
W. Commissions. Sponsor and State shall each be responsible for its own sales agency, sponsorship agency, advertising agency or other commissions or brokers fees which either is or may become obligated to pay as a result of or attendant to this Agreement.
X. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party,
except that Sponsor may assign this Agreement to any entity which acquires substantially all of its assets.
Y. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. State has made and makes no representations of any kind except those specifically set forth herein.
Z. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns.
AA. Cancellation. The State reserves the sole and exclusive right to terminate this agreement, with or without cause,
upon thirty (30) calendar days written notice to Sponsor. If, during the performance of this agreement, a dispute arises between the Sponsor and the State, which cannot be settled by discussion, the Sponsor shall, within eight hours of the incident giving rise to the dispute, submit a written statement to State. A decision by the State, in writing, shall be given to the Sponsor within four hours of receipt of such statement, and shall be final and conclusive. The Sponsor shall continue to perform the requirements herein without interruptions during the dispute period.
BB. Breach of Agreement. In the event the Sponsor breaches the terms of this agreement, the State shall be entitled to
recover, in addition to any other damages and remedies that they may be entitled to, all costs incurred in enforcing this agreement, including attorney’s fees.
CC. Indemnification To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the 32
nd
District Agricultural Association, the OC Fair & Event Center, the State District and their respective agents, directors, employees, and their sales agency of record (currently Moor + South/Pier Management Co., LP, dba Tandem) from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly, or indirectly, arising from, or in any way related to the performance or nonperformance of this Agreement, regardless of responsibility of negligence; by reason of death, injury, property damage, or any claim arising from the alleged violation of any state or federal accessibility law, statute or regulation, (including but not limited to, the Americans With Disabilities Act, and/or any state, local, successor, or comparable provision of law) however caused or alleged to have been caused, and even though claimed to be due to the negligence of the State. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the 32
nd District Agricultural Association, the OC Fair & Event Center, or the State with respect to the sole negligence
or willful misconduct of the 32nd
District Agricultural Association, the OC Fair & Event Center, the State, or their respective employees, or agents (excluding the Lessee herein, or any of its employees or agents.)
- End Exhibit B -
SA-125-18SP Los Angeles Chargers PAGE 7 of 10
EXHIBIT C – INSURANCE REQUIREMENTS
California Fair Services Authority
I. Evidence of Cove rage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter
“contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County
Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences
related to operations under the contract. This may be provided by:
A. Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the
ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "That the State of California, the District Agricultural Association, County Fair, the County in
which the County Fair is located, Lessor/ Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State
Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants,
and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed,
along with all set-up and tear down dates.
3. Coverages:
a. Genera l Liability - Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance
Service Office (ISO) policy form #CGL 001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival
Rides; $5 ,000,000 per occurrence for Motorized Events all types; $3,000,000 per occurrence for Rodeo Events all types
with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate
and with any Rough Stock events; Swap Meets/Flea Markets; $1,000,000 per occurrence for Rodeo Events All Types without
any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides,
Concerts with over 5,000 attendees, Rave Type Events All Types, Cannabis Festivals/Trade Shows, Mechanical Bulls, Extreme
Attractions All Types that require a DOSH permit to operate, and Simulators; $1,000,000 per occurrence for all other contracts
for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability - Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current
ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than
$1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other
licensed vehicles) on fairgrounds.
c. Workers’ Compensation - Workers’ Compensation coverage shall be maintained covering contractor/renter's
employees, as required by law.
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be
maintained for contracts involving medical services.
e. Liquor Liability - Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for
contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: Notice of cancellation of the listed policy or policies shall be sent to the Certificate
Holder in accordance with policy provisions.
5. Certificate Holder:
• For Individual Events Only - Fair, along with fair=s address, is listed as the certificate holder.
• For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management,
1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California
Department of Insurance.
7. Insured : The contractor/renter must be specifically listed as the Insured.
SA-125-18SP Los Angeles Chargers PAGE 8 of 10
OR
B. CFSA Special Events Program - The contractor/renter obtains liability protection through the California Fair
Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates - A current master certificate of insurance for the contractor/renter has been approved by and is on file with
California Fair Services Authority (CFSA).
OR
D. Self-Insurance - The contractor/renter is self-insured and acceptable evidence of self- insurance has been approved by California Fair
Services Authority ( CFSA).
II. General Provisions
1. Maintenance of Coverage - The contractor/renter agrees that the commercial general liability (and automobile liability, workers’
compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all
times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or
during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of
insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a
period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority,
and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the
contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it
may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all
payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage
and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
2. Primary Coverage - The contractor/renter’s insurance coverage shall be primary and any separate coverage or
protection available to the fair or any other additional insured shall be secondary.
3. Contractor’s Responsibility - Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be
held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained
in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor
shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to,
actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligation shall survive the
expiration, termination or assignment of this contract.
4. Certified Copies of Policies - Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required
hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors
must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form
required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the
events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad
categories: Athletic Team Events; Equestrian-related Events; Extreme Attractions; Mechanical Bulls; Simulators; Motorized Events;
Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213
for further information.
-End Exhibit C-
SA-125-18SP Los Angeles Chargers PAGE 9 of 10
EXHIBIT D – RULES AND REGULATIONS GOVERNING RENTAL SPACE
A. The District hereby grants to the Sponsor the right to occupy the aforestated space(s) for the purpose set forth herein and subject to the terms and conditions of this Agreement.
B. The Commercial Space and Concessions Rules and Regulations Handbook hereby becomes a part of this Sponsorship with Rental Space agreement by reference and is on file with the District. By signing the Agreement, Sponsor acknowledges that they have read the Handbook and agrees to abide by said Rules and Regulations.
C. Sponsor represents and warrants that the commercial offering, and all materials used in connection therewith,
including, without limitation, all graphic and written material, (i) are either owned by or produced by Sponsor or all
required permissions and license agreements have been obtained and paid for by the Sponsor, and (ii) as far as
Sponsor is aware, are not the subject of any claim for misappropriation or infringement of the trademark, copyright,
or other intellectual property rights of any third party.
D. Sponsor further agrees that it will not sell, exchange or barter, or permit his employees to sell, exchange or barter any
permits issued to Sponsor or his employees hereunder. E. In the event Sponsor fails to comply in any respect with the terms of this agreement and the Rules and Regulations
referred to herein, all payments for this rental space shall be deemed earned and non-refundable by the District and the District shall have the right to occupy the space in any manner deemed for the best interest of the District.
F. No Sponsor will be allowed to open booth space/exhibit until all the preliminary requirements herein set forth have
been complied with. G. Sponsor will conduct its business in a quiet and orderly manner; will deposit all rubbish, slop, garbage, tin cans, paper,
etc. in receptacles provided by the District near said booth space/exhibit for such purpose, and will keep the area within and surrounding said booth space/exhibit free from all rubbish and debris.
H. The District will furnish necessary janitorial services for all aisles, streets, roads and areas used by the public, but
Sponsor must, at his own expense, keep the booth/exhibit space and adjacent areas properly arranged and clean. All equipment must be clean, all coverings removed, and the booth/exhibit ready for business each day at least one hour before the Fair is open to the public. Receptacles will be provided at several locations to receive Sponsor’s trash, and such trash must not be swept into the aisles or streets or any public space.
I. All buildings, tents, or enclosures erected under the term of this Agreement shall have the prior approval of District and the local fire suppression authorities.
J. Sponsor will conduct the privileges granted in this Agreement according to all the rules and requirements of the State
Department of Health Services and local health authorities, and without infringement upon the rights and privileges of others; will not handle or sell any commodities or transact any business whatsoever for which an exclusive privilege is sold by the District, nor engage in any other business whatsoever upon or within said premises or fairgrounds, except that which is herein expressly stipulated and contracted for; will confine said transactions to the space and privilege provided in the Agreement, and that any and all exclusives granted Sponsor shall not include the Carnival and the Carnival Area.
K. All sound-producing devices used by Sponsor within or outside its space must be of such a nature and must be so
operated as not to cause annoyance or inconvenience to its patrons or to other Concessionaires or Exhibitors and the decision of the District as to the desirability of any such sound producing device shall be final and conclusive. Sound-amplification equipment may be installed within or outside any space only by first obtaining written permission thereof from the District.
L. Sponsor agrees that there will be no games, gambling or any other activities within the confine of his space in which
money is used as a prize or premium, and that he will not buy and/or permit “buy backs” for cash, any prizes or premiums given away to patrons in connection with the use of the space. Only straight merchandising methods
SA-125-18SP Los Angeles Chargers PAGE 10 of 10
EXHIBIT D – RULES AND REGULATIONS GOVERNING RENTAL SPACE (CONT.)
shall be used and all methods of operation, demonstration and sale shall be subject to the approval of the the District and the local law enforcement officials.
M. Sponsor is entirely responsible for the space allotted to Sponsor and agrees to reimburse the District for any damage to the real property, equipment, or grounds use in connection with the space allotted to Sponsor, reasonable wear and tear and damage from cause beyond Sponsor’s control excepted.
N. The District may provide watchman service, which will provide for reasonable protection of the property of Sponsor’s,
but the District shall not be responsible for loss or damage to the property of Sponsor. O. Each and every article of the space and all boxes, crates, packing material, and debris of whatsoever nature used in
connection with the space and owned by Sponsor must be removed from the buildings and grounds by Sponsor, at his own expense, no later than a date specified by the District. It is understood in the event of Sponsor’s failure to vacate said premises herein provided, unless permission in writing is first obtained, the District may and is hereby authorized and made the agent of Sponsor to remove and store the concession and all other material of any nature whatsoever, at the Sponsor’s risk and expense, and Sponsor shall reimburse the District for expenses thus incurred.
P. No Sponsor will be permitted to sell or dispose of anywhere on the Fairgrounds alcoholic beverages as defined in the
Alcoholic Beverage Control Act, except in the concession space. Even such limited sales are not to be made unless Sponsor is authorized in writing by the District and unless it holds a lawful license authorizing such sales on said premises.
Q. All safety orders of the Division of Industrial Safety, Department of Industrial Relations, must be strictly observed. R. Failure of the District to insist in any one or more instances upon the observance and/or performance of any of these
rules and regulations shall not constitute a waiver of any subsequent breach of any such rules and regulations. S. Sponsor recognizes and understands that this rental may create a possessory interest subject to property taxation and
that the Sponsor may be subject to the payment or property taxes levied on such interest. T. The District shall have the privilege of inspecting the premises covered by this Agreement at any time or all times. U. The parties hereto agree that Sponsor, and any agents and employees of Sponsor, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents of the District. V. Time is of the essence of each and all the provisions of this Agreement, and the provisions of this Agreement shall
extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.
W. By state law and in the interest of public health, smoking shall not be permitted in or within 20 feet of any State of
California building, including the Santa Ana Pavilion area, OC Promenade area, Centennial Farm, Kidland carnival area, the Livestock area, Pacific Amphitheatre seating area, and Arena grandstand and bleacher seating areas. This policy includes the use of electronic cigarettes, vaporizers and oil/wax pens. During OCFEC-produced events (i.e. OC Fair, Imaginology) smoking and the use of electronic cigarettes, vaporizers and oil/wax pens will be limited to areas designated by the Association.
-End Exhibit D-
STATE OF CALIFORNIA
STANDARD AGREEMENT R_____ A_____ F_____ STD 213 (Rev 06/03) AGREEMENT NUMBER
SA-281-18YR REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION
CONTRACTOR'S NAME
TANDEM PARTNERSHIPS
2. The term of this 12/01/2018 date
through 11/30/2020 FED ID: 94-3288680
Agreement is: With three (3) one (1) year option (12/1/20-11/30/21; 12/1/21-11/30/22;
12/1/22- 11/30/23)
3. The maximum amount COMMISSION
of this Agreement is:
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.
Exhibit A – Scope of Work – Contractor to provide sales services to the OC Fair & Event Center.
Additional Scope of Work on pages 2-7. Pages 1 – 6
Exhibit B – Budget Detail and Payment Provisions (Attached hereto as part of this agreement) Page 7-8
Exhibit C – General Terms and Conditions (Attached hereto as part of this agreement) Pages 9-11
Check mark one item below as Exhibit D:
Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) Pages 12-15
Exhibit - D* Special Terms and Conditions
Exhibit E – Insurance Requirements (Attached hereto as part of this agreement) Pages 16-18
Exhibit F – Megan’s Law Screening & Certification (Attached hereto as part of this agreement) Pages 19-20
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General Services Use Only
CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)
Tandem Partnerships
BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Tamara Goddard Swager, Vice President, Business Development ident, email: [email protected] ,Tel 213-341-0171 ADDRESS
P.O Box 193730, San Francisco, CA 94119 STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Michele Richards, VP, Business Development
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
SA-281-18YR TANDEM PARTNERSHIPS PAGE 2 of 19
EXHIBIT A – SCOPE OF WORK
CONTRACT REPRESENTATIVES 32
ND DISTRICT AGRICULTURAL ASSOCIATION/OC FAIR & EVENT CENTER
Michele Richards, VP Bus. Development 714-708-1716
Tandem Partnerships
Tamara Goddard, Vice President
[email protected], Tel (213) 341-0171
1. The District’s Request For Proposal (RFP) Sales Services released July 6, 2018, is on file in the Office of the 32nd District Agricultural Association, and is incorporated herein by reference and made a part of this agreement.
2. The Contractor proposal for Sales Services dated September 4, 2018, is on file in the Office of the 32nd
District Agricultural Association, and is incorporated herein by reference and made part of this agreement.
3. The District reserves the right to terminate any contract without cause at any time by giving the Contractor notice in writing at least thirty (30) days prior to the date when such termination shall become effective. Such termination shall relieve the District of further payment, obligations and/or performances required in the terms of the contract.
4. Scope of Work:
Contractor will serve as Sponsorship/Sales Coordinator as follows:
1. Contractor shall report to the Vice President, Business Development and be responsible for meeting overall
organizational sales goals in the areas of Corporate Sponsorship, Premium Space Sales, Mobile Marketing Tours, New Event Sales, and Group Ticket Sales. a. Sponsorship shall be defined as arrangements where the sponsor intends to promote its product or service
through branding during the annual OC Fair or during other OCFEC-produced events throughout the year. This shall include such means as signage, promotions, discounts, bounce-backs, tie-ins or naming rights.
b. Premium Space shall be defined as arrangements where commercial vendors are interested solely in rental space in choice locations on the District property to sell or promote their product or service during the annual OC Fair.
c. Mobile Marketing Tours shall be defined as arrangements where companies are interested in promoting
their product or service on-site through branding and/or sampling for a limited amount of time during the annual OC Fair.
d. New Event Sales shall be defined as activities involved in sourcing and/or responding to new promoters,
show managers, etc. under the direction and approval of District staff, who intend to enter into a rental agreement with the OC Fair & Event Center to hold their event at the District’s property. A new event remains a new event until after the third contracting year.
e. Group Ticket and Group Event Sales shall be defined as activities involved in sourcing large corporate or
community groups interested in having a large group private event at the annual OC Fair and/or purchasing 25 or more Fair Admission, Pacific Amphitheatre, ASA, or Hangar tickets. This does not include group tickets sold electronically through the ocfair.com web site.
2. Contractor’s duties shall include developing and maintaining a comprehensive sales program based on
information and direction provided by the Vice President, Business Development for the annual OC Fair, Imaginology, year-round events, and any other self-produced event that the OC Fair & Event Center may add during the term of the contract.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 3 of 19
3. Contractor shall receive direction and be accountable to the Vice President, Business Development, and will work closely with other OCFEC departments including Marketing, Creative Services, Communications, Entertainment, Events, Facilities, Finance, Exhibits & Education, Community Engagement and others in the fulfillment of client contracts and rental agreement terms.
C. RESPONSIBILITIES 1. Contractor shall be responsible for working with the Vice President, Business Development to establish specific
revenue targets for the year with the following assumptions: a. Increase cash sponsorship revenue year-over-year;
b. Sell 100% of available premium space during the annual OC Fair event;
c. Increase revenue from mobile marketing tours year-over-year;
d. Increase the number of new year-round events and contribute to year-over-year revenue growth of the
program, and
e. Through proactive outreach, increase sales year-over-year for the Group Ticket Sales program and Club OC group event program.
2. Contractor shall be responsible for all activation and fulfillment of any and all contract entitlement provisions
associated with acquired sponsor, premium space, mobile marketing and group sales clients including signage installation, collateral material coordination, on-site displays, hospitality benefits, facilities related-needs and all other contracted fulfillment requirements. In addition, Contractor will work closely with the Events Department to transition new events and group events from the sales process to the event coordination process. Contractor shall coordinate contract entitlement provisions with appropriate members of District Management and staff. Only those entitlements pre-approved by District Management shall be given to clients.
3. Contractor shall consult with Vice President, Business Development to develop sales program elements,
guidelines, policies, reports and promotional materials.
4. Contractor shall be expected to have a full-time presence at the District offices and attend all appropriate meetings as requested by District staff. Work space will be provided by the District at the District’s discretion. At least one individual must be in a supervisory capacity and able to interact with the Vice President, Business Development on sales strategy, priorities and issues. During the months of September-May, sales staff must include at least one full-time equivalent Monday through Friday during normal business hours. During the months of June-August, sales staff must be available to service sponsors, premium space clients, mobile marketing tours, group ticket clients and group event clients from move-in through exit, and during all operating hours of the annual OC Fair. Contractor must also agree to have at least one sales staff available on-call during event hours for any events sold by Contractor.
5. Contractor shall coordinate the invoicing and collection of all payments from sponsors with the District’s
Accounting Department.
6. Contractor will provide a weekly report to the Vice President, Business Development outlining sales activity and progress toward sales goals.
7. Contractor will disclose any financial interest in any existing and/or potential sponsor, premium space vendor,
mobile marketing tour and/or event promoter to the District’s Chief Executive Officer (CEO) and Vice President, Business Development.
8. Contractor shall be responsible for preparing deal points and working with District staff to execute sales
agreements for sponsorship, premium space, and mobile marketing tours on District’s behalf, and work closely with the Events Department on the execution of rental agreements for group events during the annual OC Fair and new events throughout the year. Contractor shall also be responsible for working closely with the Box Office on group ticket sales. This shall include obtaining prior approvals from the Vice President of Business
SA-281-18YR TANDEM PARTNERSHIPS PAGE 4 of 19
Development, Director of Events, or Director of Entertainment prior to submitting such agreements to the client, obtaining required documentation from clients and obtaining full execution, including fulfillment of insurance requirements and Megan’s Law documentation, in a timely manner. This means that Contractor shall make every effort to submit a fully executed agreement no less than 60 days prior to the commencement of the contract term. Contractor will also make every effort to achieve full payment from the client prior to the start of the event. Contractor must notify the Vice President, Business Development within two (2) business days after a scheduled client payment is not met.
9. Contractor shall work directly with the District’s Purchasing/Contracts Supervisor to ensure adherence to all State
of California public contracting regulations, processes and procedures. This shall include, but is not limited to, obtaining prior approval on all client contracts from the District’s Purchasing/Contracts Supervisor.
10. Contractor will provide an accurate account of the total number of admission tickets, concert tickets, and parking passes used for fulfilling client agreements, and/or business development purposes.
11. Contractor agrees that all work products, including, but not limited to notes, designs, drawings, reports, memoranda and all other tangible personal property of whatever nature, produced in the performance of the contract shall be the sole property of the District. Contractor shall provide said work products to the District upon request. Contractor may retain file copies of said materials.
12. Contractor shall perform all services required in a professional and timely manner.
13. Contractor understands and agrees to abide by all OC Fair & Event Center guidelines and policies (current and future), rules and regulations outlined in District’s Email and Internet Policy, Harassment Policy, Safety Policies, and Commercial Space and Concessions Program Rules and Regulations Handbook.
14. Contractor understands that the District utilizes Ungerboeck event management software and will be expected to use the software to book events and create event estimates directly in the system. Training will be provided by District staff as necessary.
15. Contractor is prohibited from offering or accepting any gift or gratuity to or from any employee and/or officers of the 32
nd District Agricultural Association, or any client, vendor or outside agency as employees and officers are
not permitted to accept them under any circumstances.
16. Contractor understands and agrees that this will be a non-exclusive agreement. District may hire other Contractors for work of a similar or identical nature. .
17. Contractor understands that District policy prohibits the sale of a Title, Naming or Presenting Sponsorship for the annual OC Fair or the OC Fair & Event Center property.
D. BUDGET
Sponsorship, premium space and mobile marketing tours The annual budget goals for sponsorship, premium space and mobile marketing tours begin at $2 million with expected growth of approximately three percent (3%) each year. There shall be a focus on converting trade to cash such that the total trade component each year does not exceed 17% of the total annual sales goal.
Contract Year
Total Annual Sales Goal
2019 $2,000,000
2020 $2,060,000
2021 $2,121,800
2022 $2,185,454
2023 $2,251,017
SA-281-18YR TANDEM PARTNERSHIPS PAGE 5 of 19
Event Sales The annual budget goals for new event sales, including facility rental, parking and food and beverage begin at $1,852,148 with expected growth of approximately three percent (3%) each year. Commission is not paid on either event equipment and/or personnel, or after the third contracting year.
Contract Year
Total Annual Sales Goal
2019 $1,852,148
2020 $1,907,712
2021 $1,964,944
2022 $2,023,892
2023 $2,084,609
Group Tickets The annual budget goal for group tickets begins at $96,718 with expected growth of approximately five percent (5%) each year.
Contract Year
Total Annual Sales Goal
2019 $96,718
2020 $101,533
2021 $106,630
2022 $111,961
2023 $117,559
E. COMPENSATION
1. The contracted amount will be based on winning bidder’s proposed commission amounts not to exceed the
maximum rate as follows:
Cash from new sponsors, mobile marketing tours and premium space renters 15%
Cash from renewing sponsors, mobile marketing tours and premium space renters 8%
Budget-relieving trade, both new and renewing sponsors, mobile marketing tours and premium space renters
3%
Incremental cash from renewing sponsors, mobile marketing tours and premium space renters 15%
Revenue from new year-round facility rentals, including parking lot event rentals (paid for the first 3 years of a new event unless for a multi-year agreement)
17%
Revenue from new year-round event patron parking (paid for the first 3 years of a new event unless for a multi-year agreement)
1%
Revenue from new year-round event food and beverage; includes catering and concessions (paid for the first 3 years of a new event unless for a multi-year agreement)
2%
Cash from first year group ticket sales (25 or more tickets) 15%
Cash from renewing group ticket sales (25 or more tickets) 8%
2. Commission payments will be paid only upon OCFEC’s receipt of clients’ payments and upon receipt of
Contractor’s invoice with appropriate back-up documents.
3. “New sponsor, mobile marketing tour and premium space renter” is defined as a client sold by the sales agency with whom the District has not entered into an agreement for the prior annual event, i.e. OC Fair, Imaginology, Veterans Day, etc.
4. “New events” is defined as a client sold by the sales agency with whom the District has not entered into an agreement within two years of the date of the initial agreement.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 6 of 19
5. “Revenue from year-round event parking” is defined as revenue derived from paid guest parking for new events
sold by the sales agency, paid for the first three years of a new event.
6. “Revenue from year-round food and beverage is defined as revenue derived from food and beverage sales associated with new events sold by the sales agency, paid for the first three years of a new event.
7. “Renewing sponsor, mobile marketing tour and premium space renter” is defined as an end-user client sold by the sales agency with whom the District has had a signed agreement for the prior annual event, i.e. OC Fair, Imaginology, Veterans Day, etc. regardless of the event they partnered with, or the agency that represented the client.
8. “Budget-relieving trade” is defined as tangible goods or services, which would be used for District business, and
are budget relieving.
9. “Incremental cash” is defined as additional cash realized from a renewal above and beyond the cash earned the previous year.
10. Contractor shall be paid on budget-relieving trade accounts as follows:
a. Contracts written as “until filled, completed or exhausted” shall be paid at the time the contract is signed and
has received all necessary District required approvals. b. Contracts written on budget-relieving trade accounts which indicate a specific end date shall be paid when
that end date is reached.
11. The second and subsequent years of any multi-year client contract shall be considered a renewal and Contractor will be paid at the renewal commission rate.
12. Contractor shall be paid on multiple year contracts in amortized increments. For example, commission would be
paid on a five (5) year sponsorship contract after District has received sponsor’s payment each year. If Contractor’s contract is terminated by either party prior to completion of sponsor’s contract, all payments to Contractor shall terminate.
13. All business development related expenses including mileage, meals, cell phone usage, etc. shall be the sole responsibility of the Contractor except when specifically pre-approved by the Vice President, Business Development. Activities conducted on the fairgrounds with clients, including meals and tickets to events, shall be at the District’s expense with prior approval from the Vice President, Business Development. All out-of-town expenses must be pre-approved by the Vice President, Business Development. All claims and reimbursements shall follow State guidelines for reimbursement as outlined in the State Administrative Manual (SAM).
14. District Management will make every effort to negotiate fairly any commission issues that arise that are not
detailed in this RFP or subsequent contract with the Contractor. District reserves the right to make the final decisions in any commission dispute not covered in this RFP with Contractor.
15. If Contractor does not achieve an agreed upon annual goal in any one (1) calendar year, District reserves the right to terminate the contract with Contractor with thirty (30) days written notice.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 7 of 19
EXHIBIT B – BUDGET DETAIL & PAYMENT PROVISIONS
BUDGET DETAIL:
District Account #: 5490-87; 5490-30
PAYMENT PROVISIONS:
Payment will be made Net 30 upon satisfactory completion of services herein required and upon receipt of proper itemized invoice. Invoices shall be submitted at the conclusion of each month in which services were rendered. Invoices must include Acct. code as referenced below. All invoices are to be itemized and contain the District’s Purchase Order number 48757. Invoices may be sent via email to [email protected] or mailed as follows:
OC Fair & Event Center Attn: Accounts Payable
88 Fair Drive Costa Mesa, CA 92626
-End Exhibit B-
SA-281-18YR TANDEM PARTNERSHIPS PAGE 8 of 19
EXHIBIT C – GENERAL TERMS AND CONDITIONS
GTC 04/2017
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the
Department of General Services, if required. Contractor may not commence performance until such approval has
been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing,
signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the
Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the
consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State
Audits, or their designated representative shall have the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is
stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to
allow interviews of any employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related
to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section
1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of
this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should
the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In
the event of such termination the State may proceed with the work in any manner deemed proper by the State. All
costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any,
shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance
of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum,
if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in
products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply
with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the
cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
SA-281-18YR TANDEM PARTNERSHIPS PAGE 9 of 19
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor
shall they discriminate unlawfully against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of
such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et
seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than
24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said
Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document
CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all
of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the
State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods
are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government
Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or
any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action
pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government
Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will
assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services
by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become
effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary
recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for
SA-281-18YR TANDEM PARTNERSHIPS PAGE 10 of 19
actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery,
including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause
of action assigned under this part if the assignor has been or may have been injured by the violation of law for which
the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court
action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor
acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all
applicable state and federal laws relating to child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing
with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the California
Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to
be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall
not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the
Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified
recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within such other time period as may be specified
elsewhere in this Contract) report to the awarding department the actual percentage of small business participation
that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE)
participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1)
the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE
participation that was achieved. A person or entity that knowingly provides false information shall be subject to a
civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following statement is
incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product
as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
-End Exhibit C-
SA-281-18YR TANDEM PARTNERSHIPS PAGE 11 of 19
EXHIBIT D – SPECIAL TERMS AND CONDITIONS
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind
the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of
California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination
program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public
entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-
Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use
of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 12 of 19
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if
the department determines that any of the following has occurred: the Contractor has made false certification, or
violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1)
final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the
immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court,
which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code
§10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby
certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code,
effective January 1, 2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services
during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s
offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a
full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be
taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or
subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and
is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories,
or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract,
declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by
sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor,
indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set
forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract
Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents,
agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in
compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance
with Public Contract Code section 10295.35.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 13 of 19
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or
former state employees. If Contractor has any questions on the status of any person rendering services or involved
with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state agency,
unless the employment, activity or enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state
agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may
enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or
any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former state officer or employee
may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within the 12-month period prior to his or her
leaving state service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement
void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require
every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this
Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 14 of 19
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that
the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state
are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of
financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a
corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in
order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing
by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation
of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution
control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be
in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another
state agency or other governmental entity.
-End Exhibit D-
SA-281-18YR TANDEM PARTNERSHIPS PAGE 15 of 19
EXHIBIT E – INSURANCE REQUIREMENTS
California Fair Services Authority I. Evidence of Coverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the contract or agreement (hereinafter “contract”) protecting the legal liability of the State of California, District Agricultural Associations, County Fairs, Counties in which County Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fairs, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees, from occurrences related to operations under the contract. This may be provided by:
A. Insurance Certificate:
The contractor/renter provides the fair with a signed original certificate of insurance (the ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured:
"That the State of California, the District Agricultural Association, County Fair, the County in which the County Fair is located, Lessor/Sublessor if fair site is leased/subleased, Citrus Fruit Fair, California Exposition and State Fair, or Entities (public or non-profit) operating California designated agricultural fairs, their directors, officers, agents, servants, and employees are made additional insured, but only insofar as the operations under this contract are concerned."
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event dates must be listed, along with all set-up and tear down dates.
3. Coverages:
a. General Liability Commercial General Liability coverage, on an occurrence basis, at least as broad as the current Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000 per occurrence for Fairtime Carnival Rides; $3,000,000 per occurrence for Motorized Events All Types except arena or track motorcycle racing and go-cart racing; $3,000,000 per occurrence for Rodeo Events all types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo Events All Types without any Rough Stock Events; $2,000,000 per occurrence for Interim Carnival Rides, Fairtime Kiddie Carnival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motorized Events of arena or track motorcycle racing and go-cart racing; $1,000,000 per occurrence for all other contracts for which liability insurance (and liquor liability, if applicable) is required.
b. Automobile Liability
Commercial Automobile Liability coverage, on a per accident basis, at least as broad as the current ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than $1,000,000 combined single limits per accident for contracts involving use of contractor vehicles (autos, trucks or other licensed vehicles) on fairgrounds.
c. Workers’ Compensation
Workers’ Compensation coverage shall be maintained covering contractor/renter's employees, as required by law.
d. Medical Malpractice
Medical Malpractice coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving medical services.
e. Liquor Liability
Liquor Liability coverage with limits of not less than $1,000,000 per occurrence shall be maintained for contracts involving the sale of alcoholic beverages.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 16 of 19
EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
4. Cancellation Notice:
Notice of cancellation of the listed policy or policies shall be sent to the Certificate Holder in accordance with policy provisions.
5. Certificate Holder: a. For Individual Events Only - Fair, along with fair’s address, is listed as the certificate holder:
32
nd District Agricultural Association, OC Fair & Event Center, 88 Fair Drive, Costa Mesa, CA
92626
b. For Master Insurance Certificates Only - California Fair Services Authority, Attn: Risk Management, 1776 Tribute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
6. Insurance Company: The company providing insurance coverage must be acceptable to the California Department of Insurance.
7. Insured:
The contractor/renter must be specifically listed as the Insured.
OR
B. CFSA Special Events Program: The contractor/renter obtains liability protection through the California Fair Services Authority (CFSA) Special Events Program, when applicable.
OR
C. Master Certificates: A current master certificate of insurance for the contractor/renter has been approved by and is on file with
California Fair Services Authority (CFSA).
OR
D. Self-Insurance: The contractor/renter is self-insured and acceptable evidence of self-insurance has been approved by California Fair Services Authority (CFSA).
II. General Provisions
A. Maintenance of Coverage: The contractor/renter agrees that the commercial general liability (and automobile liability, workers’ compensation, medical malpractice and/or liquor liability, if applicable) insurance coverage herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires or is cancelled at any time or times prior to or during the term of this contract, contractor/renter agrees to provide the fair, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of California Fair Services Authority, and contractor/renter agrees that no work or services shall be performed prior to the giving of such approval. In the event the contractor/renter fails to keep in effect at all times insurance coverage as herein provided, the fair may, in addition to any other remedies it may have, take any of the following actions: (1) declare a material breach by contractor/renter and terminate this contract; (2) withhold all payments due to contractor/renter until notice is received that such insurance coverage is in effect; and (3) obtain such insurance coverage and deduct premiums for same from any sums due or which become due to contractor/renter under the terms of this contract.
SA-281-18YR TANDEM PARTNERSHIPS PAGE 17 of 19
EXHIBIT E – INSURANCE REQUIREMENTS (CONT.)
B. Primary Coverage:
The contractor/renter’s insurance coverage shall be primary and any separate coverage or protection available to the fair or any other additional insured shall be secondary.
C. Contractor’s Responsibility:
Nothing herein shall be construed as limiting in any way the extent to which contractor/renter may be held responsible for damages resulting from contractor/renter’s operations, acts, omissions or negligence. Insurance coverage obtained in the minimum amounts specified above shall not relieve contractor/renter of liability in excess of such minimum coverage, nor shall it preclude the fair from taking other actions available to it under contract documents or by law, including, but not limited to, actions pursuant to contractor/renter’s indemnity obligations. The contractor/renter indemnity obligations shall survive the expiration, termination or assignment of this contract.
D. Certified Copies of Policies:
Upon request by fair, contractor/renter shall immediately furnish a complete copy of any policy required hereunder, with said copy certified by the underwriter to be a true and correct copy of the original policy. Fairtime Carnival Ride contractors must submit copies of actual liability insurance policies, certified by an underwriter, to California Fair Services Authority (CFSA).
III. Participant Waivers
For hazardous participant events, the contractor/renter agrees to obtain a properly executed release and waiver of liability agreement (Form required by contractor/renter’s insurance company or CFSA Release and Waiver Form) from each participant prior to his/her participation in the events sponsored by contractor/renter. Hazardous participant events include but are not limited to any event within the following broad categories: Athletic Team Events; Equestrian-related Events; Motorized Events; Rodeo Events; and Wheeled Events, including bicycle, skates, skateboard, or scooter. Contact California Fair Services Authority at (916) 921-2213 for further information.
-End Exhibit E-
SA-281-18YR TANDEM PARTNERSHIPS PAGE 18 of 19
EXHIBIT F – MEGAN’S LAW SCREENING & CERTIFICATION
OC Fair & Event Center Megan’s Law Screening Certification and Listing
This form must be completed legibly, with all information requested. Typewritten or computer-generated forms or reports may be substituted provided that: all required information is included in columnar form, and the listing report is attached to this form. The certification section must be signed by an authorized representative of the contractor.
Company/Organization Name:_____________________________________________________________________ Contact Name:_________________________________ Contact Telephone :_____________________________ Type of Company/Organization Contractor Consultant Concessionaire (Circle one): Entertainer Exhibitor Volunteer Other/Explanation if Needed:_____________________________________________________________________
The undersigned represents and warrants that attached to this Megan’s Law Screening Certification and Listing is a full, true, correct, complete, and accurate listing of all persons scheduled to work or volunteer for the company/organization identified above (“Contractor”) during the annual OC Fair or Youth Expo. If any other or additional individuals will be performing work, labor, or services, I understand that my company/organization is required to submit a supplemental listing(s) identifying those individuals. The undersigned represents and warrants that all persons and individuals performing services on behalf of Contractor, including, but not limited to, its agents, employees, subcontractors, and volunteers have been screened for sex offender registration before each individual commenced work, services, and/or was present at the OCFEC facility. The undersigned represents and warrants that no individual who is a registered sex offender will be assigned or permitted to perform services on behalf of Contractor at or on OCFEC premises. To the fullest extent permitted by law, Contractor will defend, indemnify, and hold harmless OCFEC from and against all claims, damages, losses, and expenses, of every kind, nature and description (including, but not limited to, attorneys fees, expert fees, and costs of suit), directly or indirectly arising from, or in any way related to the performance or nonperformance of Contractor’s obligations under this Megan’s Law Screening Certification and Listing, regardless of responsibility of negligence; by reason of death, injury, property damage, however caused or alleged to have been caused, and even though claimed to be due to the negligence of the OCFEC. Provided, however, that in no event shall Contractor be obligated to defend or indemnify the OCFEC with respect to the sole negligence or willful misconduct of the OCFEC, its employees, or agents (excluding the Contractor, or any of its employees or agents). The undersigned represents and warrants that he/she is fully authorized to execute this Megan’s Law Screening Certification and Listing on behalf of Contractor. _______________________________________ ____________________________ Company/Organization Representative’s Signature Title of Representative ________________________________________ ____________________________
Printed Name Date
***OC Fair Staff & Event Center – Please submit completed forms to the Human Resources Department***
SA-281-18YR TANDEM PARTNERSHIPS PAGE 19 of 19
Megan’s Law Screening Listing
Please duplicate this listing sheet if additional space is required
***OC Fair & Event Center Staff – Please submit completed forms to the Human Resources Department***
Full Name (Last, First Middle)
Full Name (Last, First Middle)
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R_________ A________ F________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-56-14RD #3 REGISTRATION NUMBER
1357094
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
CR&R INCORPORATED 2. The term of this FED ID: 95-2316878
Agreement is 08/15/14 through 08/14/19
3. The maximum amount of this $192,610.00 Amendment Agreement after this amendment is: $943,630.00
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
CONTRACTOR AGREES:
Standard Agreement # SA-56-14RD, dated August 15, 2014, between the District and CR&R Incorporated is hereby amended as follows:
1) To amend the original contract to provide refuse disposal services for the OC Fair & Event Center by exercising the third (last) option year at a not to exceed amount of ONE HUNDRED NINETY TWO THOUSAND SIX HUNDRED TEN DOLLARS AND 00/100, ($192,610.00).
2. The effective date of this amendment is August 15, 2018.
STATE AGREES:
1) To pay Contractor a total amount not to exceed NINE HUNDRED FORTY THREE THOUSAND SIX HUNDRED THIRTY DOLLARS AND 00/100, ($943,630.00) upon satisfactory completion of work herein required and upon receipt of proper invoice.
2) Except as herein amended, all other terms and conditions remain as previously agreed upon.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only
CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
CR&R INCORPORATED
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
George M. Lazaruk, Vice President
ADDRESS
11292 Western Avenue, P.O Box 125, Stanton, CA 90680 (877) 728-0446, extension 2223, [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R_________ A________ F________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-263-15SM #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
SOUND MEDIA FUSION, LLC 2. The term of this FED ID: 03-0541317
Agreement is 11/01/2015 through 10/30/2019
3. The maximum amount of this $158,150.00 Amendment Agreement after this amendment is: $620,750.00; $778,900.00 with option years
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement # SA-263-15SM, dated November 1, 2015, between the District and Sound Media Fusion, LLC is hereby amended as follows:
1. This amendment effective date is November 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to provide acoustic design, audio testing, sound mitigation and monitoring consulting services at the OC Fair & Event Center by exercising the second option year at a not to exceed amount of ONE HUNDRED FIFTY EIGHT THOUSAND ONE HUNDRED FIFTY DOLLARS AND 00/100 ($158,150.00).
STATE AGREES:
1. To pay Contractor a total amount not to exceed SIX HUNDRED TWENTY THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND 00/100 ($620,750.00); SEVEN HUNDRED SEVENTY EIGHT THOUSAND NINE HUNDRED DOLLARS AND 00/100 ($758,900.00) inclusion option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only
CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
SOUND MEDIA FUSION, LLC
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Gary Hardesty, Director
ADDRESS
16524 Arminta St., Van Nuys, CA 91406 (818) 482-0193, email [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-193-16FT #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
MOBILE MODULAR PORTABLE STORAGE 2. The term of this FED ID: 94-2579843
Agreement is 06/17/16 through 08/31/19
3. The maximum amount of this $25,127.20 (2016-$18,134.50; 2017-$21,735; 2018-$24,051.5; 2019-$26,627.2;
2020-$29,513.94)
Agreement after this amendment is: $90,548.20; $120,062.14 inclusion option years
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-193-19FT, dated June 170, 2016, between the District and Mobile Modular Portable Storage for mobile unit rentals, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide mobile unit rentals for the OC Fair & Event Center by exercise the first
option year at the not to exceed amount of $25,127.20. STATE AGREES:
1. To pay Contractor a total amount not to exceed NINETY THOUSAND FIVE HUNDRED FORTY EIGHT DOLLARS AND 20/100 ($90,548.20); ONE HUNDRED TWENTY THOUSAND SIXTY TWO DOLLARS AND 14/100 ($120,062.14) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
MOBILE MODULAR PORTABLE STORAGE
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Dennis D’Assis, Western Division Director ADDRESS
11450 Mission Blvd., Mira Loma, CA 91752 Email: [email protected] Office: 925-453-3417
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R_________ A________ F________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-059-17FT #3 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
SUNBELT RENTAL, INC. The term of this FED ID: 27-4524820
Agreement is 6/1/2017 through 8/31/2019
3. The maximum amount of this $88,325.68 Amendment Agreement after this amendment is: $209,698.41; $482,704.25 with option years
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement # SA-059-17FT, dated June 1, 2017, between the District and Noble Rents, Inc, DBA Noble Iron is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to provide heavy equipment rental at the OC Fair & Event Center by exercising the first option year at not to exceed EIGHTY EIGHT THOUSAND THREE HUNDRED TWENTY FIVE DOLLARS AND 68/100 ($88,325.68).
2.
STATE AGREES:
1. To pay Contractor a total amount not to exceed TWO HUNDRED NINETY EIGHT THOUSAND TWENTY FOUR DOLLARS AND 09/100 ($298,024.09); FOUR HUNDRED EIGHTY TWO THOUSAND SEVEN HUNDRED FOUR DOLLARS AND 25/100 ($482,704.25) including option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only
CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
SUNBELT RENTALS, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Iven Baharian, General Manager
ADDRESS
8314 Slauson Ave., Pico Rivera, CA 90660 (818) 254-5797; email; [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Ken Karns, CFE, VP, Operations
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-065-17FT #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
BROOK FURNITURE RENTAL, INC. 2. The term of this FED ID: 36-3008756
Agreement is 07/01/17 through 08/31/19 With three (3) one (1) year option
3. The maximum amount of this $6,142.36 Amendment
Agreement after this amendment is: $22,972.04; $39,906.32 including option years ; 2017-$7,335.16; 2018-$7,652.52 Option years - 2019-$7,984.36; 2020-$8,300.72; 2021-$8,633.56
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-065-17FT, dated July 1, 2017, between the District and Brook Furniture Rental, Inc. for courtyard furniture rental for OC Fair & Event Center, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to exercise first option year not to exceed $6,142.36.
STATE AGREES:
1. To pay Contractor a total amount not to exceed TWENTY TWO THOUSAND NINE HUNDRED SEVEN TWO DOLLARS AND 04/100 ($22,972.04); THIRTY NINE THOUSAND NINE HUNDRED FIVE DOLLARS AND 32/100 ($39,905.32) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
BROOK FURNITURE RENTAL, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Thomas L. Hidder, CFO & VP ADDRESS
4151 Westerly Place, Suite 105, Newport Beach, CA 92660 Email: [email protected] Office: 949-440-0600
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R_________ A________ F________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-075-17FT #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
PRINT & DESIGN SOLUTIONS 2. The term of this FED ID: 27-2697602
Agreement is 07/01/17 through 08/30/19
3. The maximum amount of this $40,000.00 Amendment Agreement after this amendment is: $120,000; $200,000 inclusion option years (2019, 2020, 2021)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement # SA-075-17FT, dated July 1, 2017 between the District and Premster Productions, LLC is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to provide merchandising services at the Pacific Amphitheater and the Hanger Building for its annual Fair at the OC Fair & Event Center by exercising the first option year at not to exceed FORTY THOUSAND DOLLARS AND 00/100 ($40,000.00).
2.
STATE AGREES:
1. To pay Contractor a total amount not to exceed ONE HUNDRED TWENTY THOUSAND AND 00/100 ($120,000.00; TWO HUNDRED THOUSAND DOLLARS AND 00/100 ($200,000.00) including option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only
CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
PRINT & DESGIN SOLUTIONS
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Prem Shah, VP, email: [email protected]
ADDRESS
29399 Agoura Rd #103, Agoura Hills, CA 91301
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Ken Karns, CFE, VP, Operations
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-076-17FT #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
BROOK FURNITURE RENTAL, INC. 2. The term of this FED ID: 36-3008756
Agreement is 06/15/17 through 08/30/19 With three (3) one (1) year option
3. The maximum amount of this $7,656.97 Amendment
Agreement after this amendment is: $22,434.68 (2017-$7,287.73; 2018-$7,4,89.98, 2019-$7,656.97) Include Option years ($38,449.25) 2020-$7,902.11; 2021-$8,112.46
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-076-17FT, dated June 15, 2017, between the District and Brook Furniture Rental, Inc. for office furniture rental for OC Fair & Event Center, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide office furniture for the OC Fair & Event Center by exercise the first option
year at not to exceed $7,656.97. 2. The District may increase rental up to 30% of original contract amount when necessary. STATE AGREES:
1. To pay Contractor a total amount not to exceed TWENTY TWO THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS AND 68/100 ($22,434.68); THIRTY EIGHT THOUSAND FOUR HUNDRED FORTY NINE DOLLARS AND 25/100 ($38,449.25) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
BROOK FURNITURE RENTAL, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Thomas L. Hidder, CFO & VP ADDRESS
4151 Westerly Place, Suite 105, Newport Beach, CA 92660 Email: [email protected] Office: 949-440-0600
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-077-17FT #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
ROYAL RESTROOMS OF CALIFORNIA, INC. 2. The term of this FED ID: 87-0798449
Agreement is 06/15/17 through 08/31/19 Three (3) one (1) year option
3. The maximum amount of this $22,885.25 Amendment
Agreement after this amendment is: $68,655.75 ($22,885.25 per year) Include Option years ($114,426.25) inclusion option years (2019, 2020, 2021)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-077-17FT, dated June 15, 2017, between the District and Royal Restrooms of California for renting one (1) 8-stall shower trailer unit and one (1) single-stall ADA compliant shower trailer for OC Fair & Event Center, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide shower trailers for the OC Fair & Event Center by exercise the first option
year at not to exceed SIXTY EIGHT THOUSAND SIX HUNDRED FIFTY FIVE DOLLARS AND 75/100.
STATE AGREES:
1. To pay Contractor a total amount not to exceed SIXTY EIGHT THOUSAND SIX HUNDRED FIFTY FIVE DOLLARS AND 75/100 ($68,655.75); ONE HUDNRED FOURTEEN THOUSAND FOUR HUNDRED TWENTY SIX DOLLARS AND 25/100 ($114,426.25) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
ROYAL RESTROOMS OF CALIFORNIA, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Kristin Reynolds, President ADDRESS
Business Address: 5552 La Ribera St., Livermore, CA 94550 Mailing Address: 1452 N. Vasco Rd. #101, Livermore, CA 94551 (877) 922-9980 x5 email [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-078-17FT #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
ROYAL RESTROOMS OF CALIFORNIA, INC. 2. The term of this FED ID: 87-0798449
Agreement is 06/15/17 through 08/31/19 Three (3) one (1) year option
3. The maximum amount of this $14,189.21 Amendment
Agreement after this amendment is: $42,567.63 ($14,189.21 per year) Include Option years ($70,946.05) inclusion option years (2019, 2020, 2021)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-078-17FT, dated June 15, 2017, between the District and Royal Restrooms of California for one restroom trailer rental Business Development, for OC Fair & Event Center, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide office furniture for the OC Fair & Event Center by exercise the first option
year at not to exceed $14,189.21.
STATE AGREES:
1. To pay Contractor a total amount not to exceed FORTY TWO THOUSAND FIVE HUNDRED SIXTY SEVEN DOLLARS AND 63/100); SEVENTY THOUSAND NINE HUNDRED FORTY SIX DOLLARS AND 05/100 ($70,946.05) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
ROYAL RESTROOMS OF CALIFORNIA, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Kristin Reynolds, President ADDRESS
Business Address: 5552 La Ribera St., Livermore, CA 94550 Mailing Address: 1452 N. Vasco Rd. #101, Livermore, CA 94551 (877) 922-9980 x5 email [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-079-17FT #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
MODULAR SPACE CORPORATION 2. The term of this FED ID: 54-1375284
Agreement is 06/15/17 through 08/31/19 Three (3) one (1) year option
3. The maximum amount of this $20,212.67 Amendment
Agreement after this amendment is: $60,638.04 ($20,212.67 per year) Include Option years ($101,063.35) inclusion option years (2019, 2020, 2021)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-079-17FT, dated June 15, 2017, between the District and Modular Space Corporation for renting five (5) office trailers, for OC Fair & Event Center, is hereby amended as follows: 1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide office trailers for the OC Fair & Event Center by exercise the first
option year at not to exceed $20,212.67.
STATE AGREES: 1. To pay Contractor a total amount not to exceed SIXTY THOUSAND SIX HUNDRED THRITY EIGHT DOLLARS AND
04/100 ($60,638.04); ONE HUNDRED ONE THOUSAND SIXTY THREE DOLLARS AND 35/100 ($101,063.35) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
MODULAR SPACE CORPORATION
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Salvatore Crivello, Sales Manager ADDRESS
11115 Hemlock Avenue, Fontana, CA 92337 (858)-513-0021 Ext 87510, [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Ken Karns, Vice President, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-080-17FT #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
QUINN COMPANY DBA: QUINN POWER SYSTEMS 2. The term of this FED ID: 77-0555875
Agreement is 06/01/17 through 08/31/19 Three (3) one (1) year option
3. The maximum amount of this $67,951 Amendment
Agreement after this amendment is: $189,847 (2017 $54,622; 2018 $67,274; 2019 $67,951) Include Option years $327,820 (2020 $68,638; 2021 $69,335)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-080-17FT, dated June 1, 2017, between the District and Quinn Company DBA: Quinn Power Systems for generator rental for OC Fair & Event Center, is hereby amended as follows: 1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide generator rental for the OC Fair & Event Center by exercise the
first option year at not to exceed SIXTY SEVEN THOUSAND NINE HUNDDRED FIFTY ONE DOLLARS AND 00/100 ($67,951).
STATE AGREES: 1. To pay Contractor a total amount not to exceed ONE HUNDRED EIGHTY NINE THOUSAND EIGHT HUNDRED
FORTY SEVEN DOLLARS AND 00/100 ($189,847.00); THREE HUNDRED TWENTY SEVEN THOUSAND EIGHT HUNDRED TWENTY DOLLARS AND 00/100 ($327,820.00 with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
QUINN COMPANY DBA: QUINN POWER SYSTEMS
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Chris Reinhardt, Rental Manager ADDRESS
3500 Shepherd St., City of Industry, CA 90601 562-463-6063; [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Ken Karns, Vice President, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-081-17FT #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
UNITED RENTALS (NORTH AMERICA) INC. 2. The term of this FED ID: 86-0933835
Agreement is 07/01/17 through 08/31/19 Three (3) one (1) year option
3. The maximum amount of this $19,064.92 Amendment
(2017 $17,938.23; 2018 $18,492.99; 2019 $19,064.92) $20,262.38
Agreement after this amendment is: $55,496.14
Include Option years $95,413.05 (2020 $19,654.53; 2021 $20,262.38)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-081-17FT, dated July 1, 2017, between the District and United Rental (North America) Inc. for light tower rental for OC Fair & Event Center, is hereby amended as follows: 1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES: 1. To amend the original contract to provide light tower rental for the OC Fair & Event Center by exercise the
first option year at not to exceed NINETEEN THOUSAND SIXTY FOUR DOLLARS AND 92/100 ($19,064.92).
STATE AGREES: 1. To pay Contractor a total amount not to exceed FIFTY FIVE THOUSAND FOUR HUNDRED NINETY SIX DOLLARS
AND 14/100 ($55,496.14); NINETY FIVE THOUSAND FOUR HUNDRED THIRTEEN DOLLARS AND 05/100 ($95,413.05) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
UNITED RENTALS (NORTH AMERICA) INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
James Ashmore, Area General Manager
ADDRESS
16300 Gothard St., Huntington Beach, CA 92647-3615 (949) 581-7712; email [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Ken Karns, Vice President, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-082-17FT #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
UNIVERSAL WASTE SYSTEMS, LLC 2. The term of this FED ID: 33-0194543
Agreement is 06/15/17 through 08/31/19 With three (3) one (1) year option
3. The maximum amount of this $31,923 Amendment (2017 $36,960); 2018 $39,830; 2019 $40,423)
Agreement after this amendment is: $94,583.00; $158,429 inclusion option years 2020 $31,923; 2021 $31,923
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-082-17FT, dated June 15, 2017, between the District and Universal Waste Systems, LLC for portable toilets and sinks rental for OC Fair & Event Center, is hereby amended as follows:
1. This amendment effective date is October 27, 2017. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to provide mobile unit rentals for the OC Fair & Event Center by proving additional units rental. The rates for standard, handicap and hand washing station are specified as followed $35 for rental, $15 per weekday service, $20 per weekend service for 2017, 2018. $35 per rental unit, $16 per weekday service, $21 per weekend service for option years. Amendment at the not to exceed amount of $39,630 ($5,630-2017; $8,500 each year including option years.
STATE AGREES:
1. To pay Contractor a total amount not to exceed SEVENTY SIX THOUSAND SEVEN HUNDRED NINETY DOLLARS AND 00/100; ONE HUNDRED NINETY EIGHT THOUSAND FIFTY NINE THOUSAND DOLLARS AND 14/100 ($198,059.00) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
UNIVERSAL WASTE SYSTEMS, LLC
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Brian Allen, Divisional Manager ADDRESS
13917 Stage Rd, Santa Fe springs, CA 90670 Email: [email protected], Office: 760-574-6359
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-083-17FT #2 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
HI-WAY SAFETY RENTALS, INC. 2. The term of this FED ID: 95-2955195
Agreement is 07/01/17 through 08/31/19 With three (3) one (1) year option
3. The maximum amount of this $12,375 Amendment
Agreement after this amendment is: $44,550; $69,300 include option years $2017–$12,375; 2018-$19,800; , $2019, $12,375; 2020-$12,375; 2021-$12,375 Inclusion
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-083-17FT, dated July 1, 2017, between the District and Hi-Way Safety Rentals, Inc. for OC Fair & Event Center for electronic message rental, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to provide message board rental for the OC Fair & Event Center by exercise the first option year at not to exceed $12,375.
2. The District may increase at any time rental up to 30% of original contract amount when necessary. STATE AGREES:
1. To pay Contractor a total amount not to exceed FORTY FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS AND 00/100 ($44,550; SIXTY NINE THOUSAND THREE HUNDRED AND 00/100 ($69,300) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
HI-WAY SAFETY RENTALS, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Michael Rodgers, President ADDRESS
13310 5th ST., Chino, CA 91710 (714) 614-0515 email: [email protected]
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Ken Karns, CFE, VP, Operations ADDRESS
88 Fair Drive, Costa Mesa, CA 92626
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03) R__________ A__________ F__________
CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER AMENDMENT NUMBER
SA-084-17FT #1 REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and Contractor named below: STATE AGENCY’S NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION CONTRACTOR’S NAME
JOSH BARNETT PRODUCTIONS, INC. 2. The term of this FED ID: 46-5096823
Agreement is 06/01/17 through 08/31/19 With three (3) one (1) year option
3. The maximum amount of this $21,726.6 Amendment
Agreement after this amendment is: $63,110.60; $107,473.08 include option years
$20,692 (2017) $20,692 (2018) $21,726.6 (2019) $21,726.6 (2020) $22,635.88 (2021)
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Standard Agreement #SA-084-17FT, dated June 1, 2017, between the District and Josh Barnett Productions, Inc. for twinkle lights rental, is hereby amended as follows:
1. This amendment effective date is September 1, 2018. 2. Except as herein amended, all other terms and conditions remain as previously agreed upon. CONTRACTOR AGREES:
1. To amend the original contract to provide twinkle light rental for the OC Fair & Event Center by exercise the first option year at not to exceed $21,726.6.
STATE AGREES:
1. To pay Contractor a total amount not to exceed SIXTY THREE THOUSAND ONE HUNDRED TEN DOLLARS AND 60/100 ($63,110.60); ONE HUNDRED SEVEN THOUSAND FOUR HUNDRED SEVENTY THREE DOLLARS AND 08/100 ($107,473.08) with inclusion of option years upon satisfactory completion of work herein required and upon receipt of proper invoice.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR CALIFORNIA
Department of General Services Use Only CONTRACTOR’S NAME (If other than an individual, state whether a corporation, partnership, etc.)
JOSH BARNETT PRODUCTIONS, INC.
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Josh Barnett, President ADDRESS
4725 Panama Lane D3-257, Bakersfield, CA 93313 (661) 900-7185, Email: lightasmic.com
STATE OF CALIFORNIA
AGENCY NAME
32ND DISTRICT AGRICULTURAL ASSOCIATION BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:
Kathy Kramer, CFE, CMP, Chief Executive Officer or Ken Karns, Vice President, Operations
ADDRESS
88 Fair Drive, Costa Mesa, CA 92626